A.K.Ismail vs State Of Kerala
2022 Latest Caselaw 7545 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
             Friday, the 24th day of June 2022 / 3rd Ashadha, 1944

               CRL.MA NO. 1 of 2022 IN CRL.MC NO. 8326 OF 2017

                CRIME NO.423/2011 OF NADAPURAM POLICE STATION

               SC 693/2012 OF SUB COURT, VADAKARA, KOZHIKODE
PETITIONER/PETITIONERS :

  1.   A.K.ISMAIL S/O. ABDULLA, ASHARIKUNIYIL NADAPURAM, PIN : 673 504.
  2.   AFSAL S/O. HAMSA, KUTTANKANDI, NADAPURAM, PIN : 673 504.
  3.   NUHMAN S/O. KUNJABDULLA, ELLATH, NADAPURAM, PIN : 673 504
  4.   NOUFAL S/O, SOOPPI, CHELLATTAN KANDI, NADAPURAM, PIN : 673 504.
  5.   SABITH S/O. ASHRAF, KOLLAM KANDI, NADAPURAM, PIN : 673 504.
  6.   NASAR S/O. MAMMU, ERATH, NADAPURAM, PIN : 673 504.
  7.   JAFFAR S/O. MAMMU,ERATH, NADAPURAM, PIN : 673 504.
  8.   AZEES S/O. AMMATH HAJI, KANNAMVELICHALIL, NADAPURAM, PIN : 673 504.
  9.   ANWAR SADATH S/O. KUNJALI, KORANKANDIYIL, NADAPURAM, PIN : 673 504.
 10.   ASAR S/O. HAMEED, ERATH, NADAPURAM, PIN : 673 504.
 11.   RAHEEM S/O. ANTHRU, KUTTANKANDI,NADAPURAM, PIN : 673 504.
 12.   ASLU S/O. ABDULLA, THAYYULLATHIL,NADAPURAM, PIN : 673 504.
 13.   SHAHER S/O. MAMMOTY, PUTHANPEEDIKAYIL, NADAPURAM, PIN : 673 504.
 14.   NOUFAL S/O. POKKAR, KORANKANDI,NADAPURAM, PIN : 673 504.
 15.   FAISAL S/O. KUNJABDULLAHAJI, VANNATHAM VEETIL,NADAPURAM, PIN : 673
       504.

RESPONDENTS/RESPONDENTS:

  1. STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE, NADAPURAM
     POLICE STATION, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT
     OF KERALA, ERNAKULAM.
  2. PALORA SHIJU AGED 37 YEARS S/O. KRISHNAN, AGED 37 YEARS, KUMMANGODU,
     AMSOM DESOM,VADAKARA TALUK, KOZHIKODE - 673 101.



     Application praying that in the circumstances stated therein the
High Court pleased to correct the judgment dated 14/12/2017 by modifying
the observations to "Accused in Crime No. 423/11 instead of SC 693 of
2012."

     This application coming on for orders upon perusing the petition
and upon heaaring the arguments of Mr. SHARAN SHAHIER, Advocate for
petitioners and of Mr. ABDURAHIMAN VAYALIL PEEDIKAYIL, Advocate for the
2nd respondent and the Public Prosecutor for the 1st respondent, the
court passed the following:
                    ZIYAD RAHMAN A.A, J.
                -----------------------
                  Crl.M.A.No.1 of 2022
                            in
                Crl.M.C.No.8326 of 2017
               ------------------------
         Dated this the 24th day of June, 2022


                          O R D E R

The order dated 8.6.2022 in Crl.M.A.No.

1/2022 in Crl.M.C.No.8326/2017 is recalled as a

correction in the status of the parties

mentioned in the said order has become

necessary. In such circumstances, the following

order is passed in the above Crl.M.A.

2. This is an application for correcting

the operative portion of the judgment passed by

this Court in this Crl.M.C.

3. As per the order passed in this Crl.M.C,

this Court has quashed all further proceedings

against the petitioners in S.C.No.693/2012 of

Vadakara Assistant Sessions Court which has Crl.M.A.No.1/22 in

arisen from Crime No.423/2011 of Nadapuram Police

Station. However, the 13th petitioner in this

Crl.M.C. was being tried in a different Sessions

Case and he was not a party to S.C.No.693/2012.

Since the order quashing the proceedings was

passed with specific reference to S.C.No.693/2012,

further proceedings are being continued against

13th accused herein by the Assistant Sessions

Judge. In such circumstances, this correction was

sought by modifying the order to the effect that

the order passed by this Court is for quashing all

further proceedings pursuant to Crime No.423 of

2011 of Nadapuram Police Station.

4. Since the 13th accused in Crime No.423/2011

was one of the party in this Crl.M.C and the

settlement which forms the basis of the order

passed by this Court is in respect of all the

accused persons, it is only proper that, the

modification as sought for by the petitioner be Crl.M.A.No.1/22 in

granted. In such circumstances, this application

is allowed. The operative portion of the order

dated 14.12.2017 passed by this Court in this

Crl.M.C. is modified to the following effect:

"In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in this Crl.M.C. who are the accused in Crime No.423/2011 of Nadapuram Police Station, are quashed."

The Registry is directed to carryout the

corrections as above in the final order.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

pkk

24-06-2022 /True Copy/ Assistant Registrar